Friendly Societies Act Amendment Act 1878
Friendly Societies Act Amendment Act 1878
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Friendly Societies Act Amendment Act 1878
Friendly Societies Act Amendment Act 1878
Public Act |
1878 No 23 |
|
Date of assent |
29 October 1878 |
|
Contents
An Act to amend “The Friendly Societies Act, 1877.”
BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:—
1 Short Title.
The Short Title of this Act shall be “The Friendly Societies Act Amendment Act, 1878.”
2 Repeal.
So much of subsection three of section twelve of “The Friendly Societies Act, 1877”
(herein referred to as “the said Act),”
as requires that amendments of rules shall be published in the Gazette, is hereby repealed.
3 Amendment of part of section 12 of “Friendly Societies Act, 1877.”
In subsection one of section twelve of the said Act the words “and so far as they are applicable to the constitution of such society”
shall be inserted between the word “registered”
and the word “contain;”
in subsection two of the same section there shall be inserted between the word “management”
and the word “and”
the words “medical and surgical expenses, including medicine and medical and surgical requisites;”
and the said Act shall be read and construed accordingly.
4 Amendment of part of section 13 of “Friendly Societies Act, 1877.”
Section thirteen, subsection one, of the said Act shall be read as if after the word “appointed”
at the end of sub-head (d) there were inserted the words “also a list of the members of the society together with the age of each, and the periods of sickness, deaths, and other contingencies in respect of which benefits are given by the society, experienced by the society during the year ending as aforesaid, specifying the members in respect of whom such sickness, deaths, or contingencies have been experienced, and such other information as the Registrar may from time to time prescribe. The Registrar may dispense with the quinquennial return from any society furnishing the required information annually.”
5 Repeal of sub-head (f) of section 13 of “Friendly Societies Act, 1877,”
and substitution of other provision.
Sub-head (f) of subsection one of section thirteen of the said Act is hereby repealed, and in lieu thereof it is enacted that—
Every registered society shall, once at least in the five years next after the commencement of the said Act or the registry of the society, and so again within six months after the expiration of every five years succeeding the date of the first valuation under this Act, either cause its assets and liabilities to be valued by a valuer, to be appointed by the society and approved of by the Governor, and send to the Registrar a report, signed by such valuer (and which shall also state his address and calling or profession), on the condition of the society and an abstract to be made by him of the results of his valuation, together with a return containing such information with respect to the benefits assured and contributions receivable by the society, and of its funds and effects, debts and credits, as the Registrar may from time to time require; or send to the Registrar a return of the benefits assured and contributions receivable from all the members of the society, and of all its funds and effects, debts and credits, accompanied by such evidence in support thereof as the Registrar may prescribe, in which case the Registrar shall cause the assets and liabilities of the society to be valued and reported on by some actuary, and shall send to the society a copy of his report and an abstract of the results of his valuation.
6 Section 29 of “Friendly Societies Act, 1877,”
to be deemed to apply to all registered and unregistered branches.
The provisions of section twenty-nine of the said Act shall be and be deemed to have applied to all registered and unregistered societies and branches.
7 Amendment of section 13 of “The Friendly Societies Act, 1877.”
The following subsections shall be read and construed as part of section thirteen of the said Act, and as if they were subsections thereto occurring immediately before subsection two of that section:—
(1.)
In all registered societies and branches all moneys received or paid on account of each particular fund shall be kept separate and distinct, and shall be entered in a separate account distinct from the moneys received and paid on account of any other fund, and a separate fund or funds shall be established for the payment of all expenses of management, and of all expenses (if any) on account of medical and surgical attendance, including medicine and medical and surgical requisites.
(2.)
No transfer shall be made of the moneys of any one benefit fund to meet the liabilities of any other fund, nor shall such moneys, or interest accruing therefrom, be in any manner applied for the use, whether temporary or permanent, of any fund save the fund to which they properly belong.
If any valuer, in any report made in accordance with section five of this Act, shall report that such transfer can be safely made, it shall be lawful to make such transfer accordingly.
8 Part of section 13 of “Friendly Societies Act, 1877,”
not to apply to working men’s clubs.
Sub-heads (g), (h), and (i), of subsection one of section thirteen of the said Act, shall not apply to working men’s clubs.
9 Repeal of provision (d) of section 22 of “The Friendly Societies Act, 1877,”
and substitution of other provisions.
The provision (d) of section twenty-two of the said Act is hereby repealed, and in lieu thereof the following provision is enacted:—
The provisions of section twenty-two of the said Act relating to change of name shall apply to all registered branches, and the provisions of that section relating to amalgamation and transfer of engagements shall apply and extend to registered branches of the same society; but no change of name, amalgamation, or transfer of engagements shall take place in such cases unless in accordance with the general rules of the society to which such branches belong, or the consent of the central body of such society is obtained thereto.
Except as aforesaid the provisions of section twenty-two shall not apply to branches.
10 In informations and complaints, onus of proof to lie with society, &c.
In all informations and complaints under the said Act or this Act made by or on behalf of the Registrar against a society or branch, or any officer thereof, or member of the committee of management thereof respectively, the onus of proving that any return, report, notice, or document required to be sent or given to the Registrar has been so sent or given, or that any return, report, notice, or document has been compiled or made as required by the said Act or this Act, shall lie with the society, branch, officer, or member against which or whom the information or complaint is laid or made.
11 Incorporation.
The said Act and this Act shall in all respects be construed as one Act.
12 Rules entitled to registry.
No rule or amendment of a rule of a society or branch shall be disentitled to registry by reason of its expressing or implying any subordination to the central body of the same order outside New Zealand, or by reason of its containing any reference to one or more of the general laws of the said order: Provided that such general laws shall be or have been forwarded to the Registrar by such society or branch.
If provision is made in such general laws for any of the matters specified in the Second Schedule to the said Act, the society shall be deemed to have sufficiently complied with subsection one of section twelve of the said Act if reference be made in the rules of the society to the general law or laws making such provision: Provided that nothing herein contained shall have the effect of giving force to any general law that is contrary to any of the express provisions of this or the said Act.
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Versions
Friendly Societies Act Amendment Act 1878
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